Act of Sederunt (Rules of the Court of Session 1994) 1994

Applications by petition in the Inner House

14.3.  Any of the following applications shall be made by petition presented in the Inner House:–

(a) a petition and complaint other than for breach of interdict;

(b) an application under any enactment relating to solicitors or notaries public;

(c) an application which is, by virtue of these Rules or any other enactment, to be by petition and is incidental to a cause depending before the Inner House;

(d) an application to the nobile officium of the court other than an application mentioned in rule 14.2(c) (applications relating to the administration of a trust, the office of trustee or a public trust);

(e) a petition by trustees for directions under Part II of Chapter 63;

(f) an application under section 1 of the Evidence (Proceedings in Other Jurisdictions) Act 1975(1) (assistance in obtaining evidence for civil proceedings in another jurisdiction);

(g) an application under section 1 of the Trusts (Scotland) Act 1961(2) (variation or revocation of trusts);

(h) an application under section 49 of the Insurance Companies Act 1982(3) (sanction for transfer of long term business);

(i) an application under section 136 (order for confirmation of reduction of share capital) or section 425 (order for meeting for compromise or arrangement) of the Companies Act 1985(4);

(j) an application under section 17(6), 18(7), 20(7), 20(11)(b), 21(5), 21(7) or 21(10) of, or under paragraph 20 of Schedule 1 to, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(5) (orders in relation to conveyancing or executry practitioners); and

(k) an application required to be made to the Inner House under any enactment.

(1)

1975 c. 34.

(2)

1961 c. 57.

(3)

1982 c. 50; section 49 was amended by the Companies Consolidation (Consequential Provisions) Act 1985 (c. 9), Schedule 2.

(4)

1985 c. 6; section 425 was amended by the Court of Session Act 1988 (c. 36), Schedule 2.

(5)

1990 c. 40.